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Arkansas Game & Fish Commission v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
11-597 Fed. Cir. Oct 3, 2012 Dec 4, 2012 8-0 Ginsburg OT 2012

Holding: Recurrent flooding that is induced by the government and temporary in duration is not automatically exempt from liability under the Takings Clause. (Kagan, J., recused.)

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ginsburg on December 4, 2012.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 9 2011Petition for a writ of certiorari filed. (Response due December 16, 2011)
Dec 6 2011Order extending time to file response to petition to and including January 17, 2012.
Dec 9 2011Brief amici curiae of National Association of Home Builders, et al. filed.
Dec 15 2011Brief amici curiae of Pacific Legal Foundation, and Cato Institute filed.
Dec 15 2011Brief amici curiae of Arkansas, et al. filed.
Dec 16 2011Brief amicus curiae of Association of Fish & Wildlife Agencies filed.
Jan 13 2012Order further extending time to file response to petition to and including March 1, 2012.
Mar 1 2012Brief of respondent United States in opposition filed.
Mar 8 2012Reply of petitioner Arkansas Game & Fish Commission filed.
Mar 14 2012DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Apr 23 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the counsel for the respondent.
May 7 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2012.
May 7 2012The time to file respondent's brief on the merits is extended to and including August 24, 2012.
Jun 18 2012The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 27, 2012.
Jun 18 2012The time to file respondent's brief on the merits is further extended to and including August 27, 2012.
Jun 27 2012Joint appendix filed. (Joint appendix in 3 volumes). (Statement of costs filed)
Jun 27 2012Brief of petitioner Arkansas Game & Fish Commission filed.
Jul 3 2012Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.
Jul 3 2012Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jul 5 2012Brief amicus curiae of Owners' Counsel of America filed.
Jul 5 2012Brief amici curiae of Wolfsen Land & Cattle Co., et al. filed.
Jul 5 2012Brief amici curiae of Washington Legal Foundation, et al. filed.
Jul 13 2012CIRCULATED.
Jul 23 2012SET FOR ARGUMENT ON Wednesday, October 3, 2012
Jul 31 2012Record received from U.S.C.A. for Federal Circuit. (1 box)
Aug 27 2012Brief of respondent United States filed. (Distributed)
Aug 29 2012Record from U.S. Court of Federal Claims is electronic.
Aug 30 2012Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields.
Sep 4 2012Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Sep 19 2012Reply of petitioner Arkansas Game & Fish Commission filed. (Distributed)
Sep 25 2012Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 3 2012Argued. For petitioner: James F. Goodhart, Little Rock, Ark. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Dec 4 2012Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kagan, J., who took no part in the consideration or decision of the case.
Jan 7 2013JUDGMENT ISSUED.
Jul 5 2013Record returned to U.S.C.A. for Federal Circuit.